General Terms and Conditions of e-samples GmbH for Using the "e-samples.com" Online Platform

General Definition of Terms and Scope of Application of these Terms and Conditions

In the General Terms and Conditions set forth below, the company e-samples GmbH, Sternstrasse 212a, 67063 Ludwigshafen am Rhein, Germany, will be referred to as "e-samples". The contractual partner of the user will be referred to as "User".

These General Terms and Conditions provide for the contractual relationship between the "e-samples.com" platform and its users.

"User" as that term is used in these General Terms and Conditions (hereinafter referred to as "GTC") means all natural and legal persons who have registered and whose registration was confirmed by e-samples.
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e-samples reserves the right to amend, supplement or revise these GTC with effect for the future, at any time, and without stating reasons, if such an amendment is necessary for economic or legal aspects. Users will be informed about the new version of the GTC prior to the entry into force of amendments, supplements or revisions of these GTC in a notification email which will be sent to the email address provided by you for notification purposes. The amended GTC shall be deemed to be approved, unless User objects to their applicability within two weeks after receipt of the notification email. The notification email will inform the User again about their right of objection and the importance to comply with the two-week period.

Any conflicting GTCs of Users are hereby rejected. Any applicability of the general terms and conditions of Users is therefore excluded.

Service Description / Subject Matter of the Contract

e-samples offers, on its internet site www.e-samples.com, a platform on which any natural and/or legal person and/or business partnership (hereinafter referred to as "User") may offer and request samples of chemicals and raw materials and where they may publish other contents relating to the offered samples, unless their offer, acquisition or the other contents violate any legal provisions or the regulations contained herein.

e-samples will, however, not offer its own samples of chemicals and raw materials, will not become active as an intermediary between Users and will not become a contractual partner of the contracts that are exclusively concluded between the Users of this platform.

Subject matter of this contract (hereinafter referred to as "User Contract") is exclusively the access to and the use of the "e-samples.com" platform for the purposes described under item 2. a) and b) of these GTC, on which Users may present themselves and contact each other.

e-samples will maintain, prepare and service the platform.

Conclusion of the Contract

A contract with e-samples will only be concluded with Users eligible for participation. These are legal persons, business partnerships, and natural persons of full legal capacity who have reached the age of 18.

Any legal person or business partnership may only be registered by a natural person entitled to represent it who is identified by name.

The "e-samples.com" platform may only be used if you register as User under www.e-samples.com. For that purpose, User will open a user account by accepting these GTC and the privacy statement and by entering complete information under the data required for registration.

e-samples will only perform a limited check of the data entered by User during registration, in particular, as persons can only be identified on the internet to a limited extent. Against this background, e-samples will be unable to exclude that incorrect contact data have been registered for a user account or that these data have changed in the meantime.

The General Terms and Conditions (text) can be displayed on and downloaded from the www.e-samples.com website. The text of the contract between e-samples and the User will not be stored due to the manner in which the contract is concluded. Corrections of the entries can be made on the user account on the platform.

e-samples shall be entitled to ask their Users, at any time, to furnish adequate proof of their identity, their majority of age and the consent of their legal representative.

User Account and User Profile

The user account is bound to the User and cannot be transferred. Each User may open a maximum of one user profile or one user account, respectively. Each User has full responsibility for their conduct and their user account.

User undertakes to correct any account data stored in the user account, if they are subject to change. User shall keep their access data (user name, password) in secret and will protect them against any unauthorised access / use by third parties. User will immediately report to e-samples any misuse by third parties.

Each User must independently ensure the security of the data they use in connection with using the e-samples platform, to the extent required.

e-samples reserves the right to delete user accounts with incomplete registrations after an adequate period of time.

Usage Fee, Charges and Payment Terms

User shall pay a usage fee for using e-samples, insofar as they offer samples of chemicals and raw materials. e-samples will inform User, upon request, about the amount of the individual usage fees.

e-samples shall be entitled to change the usage fee, at any time. User will be informed, in due time in advance, about any change of the usage fee.

User will receive the complete invoice by post or by email at the invoice address or email address that they have notified during registration for their user account.

e-samples reserves the right to charge an administration fee as specified in the relevant price list, for blocking Users. Users are free to prove that no damage has occurred or that the damage is considerably lower.

e-samples may request a charge for activating a blocked user account.

Use of the Platform

General duties

User shall ensure that they are the owner of the necessary rights to all articles (samples of chemicals or raw materials), images or other contents that they upload to the online platform and that these will not infringe any legal provisions on a worldwide basis. User also guarantees that these contents will not infringe any third party rights. User undertakes, in particular, to not offer or request sample quantities of chemicals or raw materials whose offer, sale or purchase violates legal provisions or third party rights. e-samples shall not be obliged to check these contents in terms of their correctness and legal admissibility.

The samples of chemicals and raw materials shall correctly be uploaded to the relevant category of the platform, including a full description.

Contact information provided by User can be retrieved from the platform. If statements are transferred by mail or fax to such contact data, they shall be deemed to be received at the time of sending, if such are sent by post they shall be deemed to be received on the third day, unless the recipient proves receipt at a later time.

User may only use any addresses or other contact data that User receives when using the platform for the purpose of communicating on the platform. Any re-sale of data or sending of advertising without prior consent shall be prohibited.

User shall be prohibited from impairing or even manipulating the operation of the platform, its technical infrastructure and functions.

Blocking

If any User violates any legal provisions, third party rights or these GTC, e-samples shall be entitled to delete offers or other contents, to warn the User, to restrict their usage, to block the User, temporarily or finally, by taking into account the justified interests of User.

Deletion

User may finally be deleted, if they have consciously provided incorrect contact data, if an important reason exists or if User has repeatedly violated these GTC.

e-samples is currently unable to guarantee that the software used is free of any errors. Downtimes might occur due to technical problems which go beyond e-samples’ sphere of influence. Furthermore, maintenance work might become necessary for unforeseeable reasons and might impair the availability.

If you, as User, have any questions, problems or suggestions for improvement regarding the use of the www.e-samples.com online platform, please contact info@e-samples.com and we will try to immediately process your inquiry and to find a remedy, if necessary. For general information, please refer to our homepage sections "About us" and "Media".

In the event of a final blocking, User shall not be entitled to any recovery of their user profile.

User’s Right of Revocation

Unformation on the Right of Revocation

If you use e-samples as a consumer, you are entitled to following
Right of Revocation

You are entitled to revoke this contract within fourteen days, without stating reasons.

The period of revocation is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, please inform us about your decision to revoke this contract by making an unequivocal statement (e.g. a letter sent by post, fax or email) which shall be sent to us by post or by email, or to be made over the phone (e-samples GmbH, Sternstrasse 212a, 67063 Ludwigshafen am Rhein, telephone: +49 (0) 621 68 50 020, fax: +49 (0) 621 68 58 236, email: info@e-samples.com). You may use the sample revocation form attached, but that is not a mandatory requirement.

In order to comply with the period of revocation, it suffices to send the notification on the exercise of the right of revocation before the expiry of the period of revocation.

Consequences of a Revocation

If you revoke the contract, we shall repay all payments that we have received from you, including delivery expenses (apart from additional costs that might result from the fact that you have selected a different type of delivery than the most favourable standard delivery we have offered), immediately and no later than within fourteen days after the date on which we have received your notification on the revocation of the contract. We will use the same means of payment for such repayment that you have used in the original transaction, unless expressly otherwise agreed with you; no fees will be charged to you for such repayment.

Special note

If you have requested the commencement of services during the period of revocation, you shall pay to us an adequate amount that corresponds to the share of the services already rendered by us until the date on which you inform us about the exercise of the right of revocation regarding this contract, compared to the total scope of services specified in the contract.

Section 312 g (2) of the BGB [German Civil Code] premature cancellation of the right of revocation for services and financial services:

The right of revocation shall prematurely expire for digital content that is not contained in a tangible medium, if entrepreneur has, with the express consent of consumer, started with the performance of the contract prior to expiry of the revocation period and if consumer has acknowledged that by his consent he would lose the right to revoke the contract.

End of the information on the right of revocation

Sample Revocation Form

(If you wish to revoke the contract, please complete the form below and return it to us.)

To e-samples GmbH, Sternstrasse 212a, 67063 Ludwigshafen am Rhein:

I/We (*) hereby revoke the contract concluded by me / us on the performance of the following service (*)

Ordered on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if the statement is made on paper)

Date

_____________
(*) Please delete as applicable.

Liability, Warranty, Indemnification

e-samples shall be liable without limit for damage caused by intent and gross negligence that results in the injury of life, body or health. The same shall apply in the event of a fraudulent concealment of a defect, acceptance of guarantee, damage under the product liability act and in all other cases regulated by law.

In the event of a violation of essential contractual duties, the liability in case of slight negligence shall be limited to the foreseeable damage typical to the contract. Essential contractual duties mean obligations the fulfilment of which constitutes a requirement for the proper performance of the contract and on which User regularly relies.

Any other type of liability on the side of e-samples shall hereby be excluded.

Any exclusion and restriction set forth in letter a) and b) shall also apply to the personal liability of legal representatives, simple vicarious agents and executive personnel.

The statutory defect warranty law shall apply.

User will indemnify e-samples against all third party claims (e.g. copyright infringements, data protection violations, trademark violations, violations of competition law and breach of privacy) that might be asserted against e-samples by other users, customers or other third parties in connection with the use of the online platform. The indemnification also covers costs of an adequate legal defence and prosecution (court and legal fees) that e-samples incurs / has incurred.

Termination

Options for a termination

Any termination shall be made in text form. It can be sent in writing, by email or fax to the following address:

e-samples GmbH, Sternstraße 212a, 67063 Ludwigshafen am Rhein

Fax: +49 (0) 621 68 58 236

Email: info@e-samples.com

Notice period

User may terminate the User Contract at any time. e-samples shall be entitled to ordinarily terminate the User Contract within a period of 14 days to the end of the month.

Extraordinary termination

Either contract party may extraordinarily terminate the User Contract for an important reason. An important reason shall be deemed to exist, if a User culpably infringes its duties or is in default of the payment of the usage fee and fails to make the payment despite a warning.

End of the contract

If the User Contract has come to an end, e-samples may delete any still existing contents and inform other Users that the contract has been terminated. The former User will then no longer be able to access their profile and the data stored therein. e-samples will delete them. In the event of a renewed registration, they are not entitled to a recovery of any already deleted information.

Final Provisions

Applicable law and place of jurisdiction

The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for all disputes arising out of or in connection with this contract, regardless of the legal basis, shall be the registered office of e-samples at the time of the conclusion of the contract – if User is a merchant, a special fund under public law or a legal person under public law.

Users who are consumers shall have their place of jurisdiction at User’s place of residence. Additional place of jurisdiction for all disputes arising out of this User Contract and these GTC for consumers who have their place of residence in Germany shall be Ludwigshafen.

Applicable specifications as to time

Central European Time or Central European Summer Time (CET / GMT+1 or CEST / GMT+2) shall apply to all periods, time specifications and periods of time.

All statements that are transferred under the User Contract concluded with e-samples shall be made in writing or by email to be effective.

Claims against e-samples must not be assigned, neither in whole nor in part. e-samples shall be entitled to assign claims against User (in particular for the purpose of debt collection).